(a) to promote the national interest in structural reform of
the telecommunications industry; and

(b) to promote uniform national pricing of eligible services
supplied by NBN corporations by authorising, for the purposes of
subsection 51(1), certain conduct engaged in by NBN
corporations.

Note 1: If
conduct is authorised for the purposes of subsection 51(1), the
conduct is disregarded in deciding whether a person has contravened
Part IV.

Note 2: See also
subsection 151AJ(10).

Authorised conduct—points of
interconnection

(2) If:

(a) an NBN corporation is a carrier or carriage service
provider; and

(b) the NBN corporation:

(i) owns or controls one or more facilities; or

(ii) is a nominated carrier in relation to one or more
facilities; and

(c) the NBN corporation refuses to permit interconnection of
those facilities at a particular location with one or more
facilities of:

(i) a service provider; or

(ii) a utility; and

(d) the location is not a listed point of interconnection;
and

(e) the refusal is reasonably necessary to achieve uniform
national pricing of eligible services supplied by the NBN
corporation to service providers and utilities;

the refusal is authorised for the purposes
of subsection 51(1).

Note:
For listed
point of interconnection , see section 151DB.

Authorised conduct—bundling of
designated access services

(3) If:

(a) an NBN corporation is a carrier or carriage service
provider; and

(b) the NBN corporation:

(i) refuses to supply; or

(ii) refuses to offer to supply;

a designated access service to a service provider or utility unless
the service provider or utility acquires, or agrees to acquire, one
or more other designated access services (other than voice
telephony facilitation services) from the NBN corporation; and

(c) the refusal is reasonably necessary to achieve uniform
national pricing of eligible services supplied by the NBN
corporation to service providers and utilities;

the refusal is authorised for the purposes
of subsection 51(1).

Authorised conduct—uniform national
pricing

(4) If an NBN corporation engages in conduct that is
reasonably necessary to achieve uniform national pricing of
eligible services supplied by the NBN corporation to service
providers and utilities, that conduct is authorised for the
purposes of subsection 51(1).

Uniform national pricing

(5) For the purposes of this section, uniform national
pricing of an eligible service supplied, or offered to be supplied,
by an NBN corporation to service providers and utilities is
achieved, if, and only if, the price-related terms and
conditions on which the NBN corporation supplies, or offers to
supply, the eligible service to service providers and utilities are
the same throughout Australia.

(6) For the purposes of this section, in determining whether
there is uniform national pricing of an eligible service supplied,
or offered to be supplied, by an NBN corporation, disregard any
discrimination by the NBN corporation against another person on the
grounds that the NBN corporation has reasonable grounds to believe
that the other person would fail, to a material extent, to comply
with the terms and conditions on which the NBN corporation
supplies, or on which the NBN corporation is reasonably likely to
supply, the eligible service.

(6A)
Examples of grounds for believing as mentioned in
subsection (6) include:

(a) evidence that the other person is not creditworthy;
and

(b) repeated failures by the other person to comply with the
terms and conditions on which the same or a similar eligible
service has been supplied (whether or not by the NBN
corporation).

(7) For the purposes of this section, in determining whether
eligible services are characterised as:

(a) the same eligible service; or

(b) different eligible services;

it is immaterial whether the services are
supplied, or offered to be supplied, using:

(c) the same facilities or kinds of facilities; or

(d) different facilities or kinds of facilities.

(8) For example, the same eligible service could be supplied,
or offered to be supplied, using:

(a) an optical fibre line; or

(b) terrestrial radiocommunications equipment; or

(c) a satellite.

Definitions

(9) In this section:

access virtual circuit service
means an eligible service that is known as:

(a) an access virtual circuit service; or

(b) the access virtual circuit component of a fibre access
service.

connectivity virtual circuit
service means an eligible service that is known as:

(a) must prepare a written list setting out points of
interconnection; and

(b) may, by writing, vary that list.

(2) For the purposes of this Division, a point of
interconnection specified in a list in force under
subsection (1) is a listed point of
interconnection .

(2A)
The Commission must not vary a list under subsection (1)
except with the agreement of an NBN corporation.

(2B)
Subsection (2A) ceases to have effect when the Communications
Minister makes a declaration under section 48 of the
National Broadband Network Companies Act 2011 that, in the
Communications Minister’s opinion, the national broadband
network should be treated as built and fully operational.

(2C)
For the purposes of subsection (2B), Communications
Minister has the same meaning as in the National
Broadband Network Companies Act 2011 .

(3) The Commission must publish on its website a copy of a
list in force under subsection (1).

(4) A list under subsection (1) is not a legislative
instrument.

(5) A variation of a list under subsection (1) is not a
legislative instrument.

(1) Before 30 June 2013, the Commission must cause to be
conducted a review of the policies and procedures relating to the
identification of listed points of interconnection.

(2) Without limiting subsection (1), a review under that
subsection must consider:

(a) the Commission’s requests to NBN corporations to
agree to the variation of the list in force under
subsection 151DB(1); and

(b) the responses of NBN corporations to such requests;
and

(c) the extent to which facilities are interconnected at
listed points of interconnection.

(3) A review under subsection (1) must make provision
for public consultation.

(4) The Commission must cause to be prepared a report of a
review under subsection (1).

(5) The Commission must give the report to the Minister.

(6) The Minister must cause copies of the report to be tabled
in each House of the Parliament within 15 sitting days of that
House after receiving the report.

151DD
Review of operation of this Division

(1) After the end of the 2-year period that began at
the commencement of this Division, the Minister must cause to be
conducted an independent review of the operation of this Division
during that period.

(2) Without limiting subsection (1), a review under that
subsection must consider:

(a) the conduct that was authorised under
subsection 151DA(2) for the purposes of subsection 51(1);
and

(b) the conduct that was authorised under
subsection 151DA(3) for the purposes of subsection 51(1);
and

(c) the conduct that was authorised under
subsection 151DA(4) for the purposes of
subsection 51(1).

(3) A review under subsection (1) is to be conducted by
a person who has expertise in:

(a) competition law; and

(b) economics.

(4) A review under subsection (1) must make provision
for public consultation.

(5) The Minister must cause to be prepared a report of a
review under subsection (1).

(6) The Minister must ensure that the report is completed
within 6 months after the end of the 2-year period mentioned
in subsection (1).

(7) The Minister must cause copies of the report to be tabled
in each House of the Parliament within 15 sitting days of that
House after the completion of the preparation of the report.

(3A)
Subsection (2) does not impose an obligation on an NBN
corporation to supply a service in circumstances where a refusal by
the NBN corporation to supply the service is authorised under
section 151DA for the purposes of subsection 51(1).

(3B)
The Commission must not make an access determination that would
have the effect of:

(a) requiring an NBN corporation to engage in conduct that is
inconsistent with conduct authorised under subsection 151DA(2) or
(3) for the purposes of subsection 51(1); or

(b) preventing an NBN corporation from giving a refusal that
is authorised under subsection 151DA(3) for the purposes of
subsection 51(1).

(3C)
The Commission must not make an access determination that would
have the effect of preventing an NBN corporation from engaging in
conduct that is reasonably necessary to achieve uniform national
pricing of eligible services supplied by the NBN corporation to
service providers and utilities.

(3D)
In subsection (3C), eligible services ,
uniform national pricing and utilities
have the same meaning as in section 151DA.

(3B)
The Commission must not make binding rules of conduct that would
have the effect of:

(a) requiring an NBN corporation to engage in conduct that is
inconsistent with conduct authorised under subsection 151DA(2) or
(3) for the purposes of subsection 51(1); or

(b) preventing an NBN corporation from giving a refusal that
is authorised under subsection 151DA(3) for the purposes of
subsection 51(1).

(3C)
The Commission must not make binding rules of conduct that would
have the effect of preventing an NBN corporation from engaging in
conduct that is reasonably necessary to achieve uniform national
pricing of eligible services supplied by the NBN corporation to
service providers and utilities.

(3D)
In subsection (3C), eligible services ,
uniform national pricing and utilities
have the same meaning as in section 151DA.

â¢ A local access line that
belongs to a telecommunications network (other than the national
broadband network) must not be used to supply a fixed-line
carriage service if:

(a) the network is used, or is proposed to
be used, to supply a superfast carriage service wholly or
principally to residential or small business customers, or
prospective residential or small business customers, in Australia;
and

(b) no Layer 2 bitstream service is
available for supply to those customers or prospective customers
using the network; and

(c) the network came into existence, or was
upgraded, on or after 1 January 2011.

(c) the network is used, or is proposed to be used, to supply
a superfast carriage service wholly or principally to residential
or small business customers, or prospective residential or small
business customers, in Australia; and

(ii) the network was altered or upgraded on or after
1 January 2011 and, as a result of the alteration or upgrade,
the network became capable of being used to supply a superfast
carriage service to residential or small business customers, or
prospective residential or small business customers, in
Australia.

(a) a telecommunications network is altered or upgraded on or
after 1 January 2011; and

(b) as a result of the alteration or upgrade, a part of the
network became capable of being used to supply a superfast carriage
service to residential or small business customers, or prospective
residential or small business customers, in Australia;

then:

(c) that part is taken to be a network in its own right;
and

(d) the network referred to in paragraph (c) is taken to
have come into existence on or after 1 January 2011.

(2) For the purposes of this Part, if:

(a) a telecommunications network is extended on or after
1 January 2011; and

(b) the extended part of the network is capable of being used
to supply a superfast carriage service to residential or small
business customers, or prospective residential or small business
customers, in Australia;

then:

(c) the extended part is taken to be a network in its own
right; and

(d) the network referred to in paragraph (c) is taken to
have come into existence on or after 1 January 2011.

(3) If:

(a) a part of the infrastructure of a telecommunications
network is situated in a particular area that is being or was
developed as a particular stage of a real estate development
project (within the ordinary meaning of that expression); and

(b) the network is extended to another area that is being, or
is to be, developed as another stage of the project;

subsection (2) does not apply to the
extension.

(4) If:

(a) a telecommunications network was in existence immediately
before 1 January 2011; and

(b) the network is extended on or after 1 January 2011;
and

(c) no point on the infrastructure of the extension is
located more than:

(i) 1 kilometre; or

(ii) if a longer distance is specified in the
regulations—that longer distance;

from a point on the infrastructure of the network as the network
stood immediately before 1 January 2011;

subsection (2) does not apply to the
extension.

(5) The regulations may provide that subsection (2) does
not apply to a specified extension of a telecommunications
network.

Note: For
specification by class, see the Acts Interpretation Act
1901 .

(1) For the purposes of this Part, a local access
line is a line that is part of the infrastructure of a
local access network.

(2) However, a line does not form part of a local
access line to the extent that the line is on the customer
side of the boundary of a telecommunications network.

(3) For the purposes of this section, the boundary of a
telecommunications network is to be determined in the same
manner in which it is determined under section 22 for the
purposes of sections 20, 21 and 30.

(4) For the purposes of this section, local access
network has the meaning generally accepted within the
telecommunications industry.

(a) a customer who is a small business employer (within the
meaning of the Fair Work Act 2009 ); or

(b) a customer who:

(i) carries on a business; and

(ii) does not have any employees.

For the purposes of paragraph (a) of
this section, it is to be assumed that each reference in
section 23 of the Fair Work Act 2009 to a national
system employer were a reference to an employer (within the
ordinary meaning of that expression).

â¢ A controller of a
telecommunications network (other than the national broadband
network) must not use a local access line to supply an eligible
service to a person other than a carrier or a service provider,
if:

(a) the local access line is part of the
infrastructure of the network; and

(b) the network is used, or is proposed to
be used, to supply a superfast carriage service wholly or
principally to residential or small business customers, or
prospective residential or small business customers, in Australia;
and

(c) the network came into existence, or was
upgraded, on or after 1 January 2011.

alter , in relation to a
telecommunications network, has a meaning affected by
section 159.

electricity supply body has the
same meaning as in the National Broadband Network Companies Act
2011 .

eligible service has the same
meaning as in section 152AL of the Competition and Consumer
Act 2010 .

gas supply body has the same
meaning as in the National Broadband Network Companies Act
2011 .

local access line has the
meaning given by section 158.

national broadband network has
the same meaning as in the National Broadband Network Companies
Act 2011 .

rail corporation has the same
meaning as in the National Broadband Network Companies Act
2011 .

sewerage services body has the
same meaning as in the National Broadband Network Companies Act
2011 .

small business customer
means:

(a) a customer who is a small business employer (within the
meaning of the Fair Work Act 2009 ); or

(b) a customer who:

(i) carries on a business; and

(ii) does not have any employees.

For the purposes of paragraph (a) of
this definition, it is to be assumed that each reference in
section 23 of the Fair Work Act 2009 to a national
system employer were a reference to an employer (within the
ordinary meaning of that expression).

State or Territory road
authority has the same meaning as in the National
Broadband Network Companies Act 2011 .

storm water drainage services
has the same meaning as in the National Broadband Network
Companies Act 2011 .

storm water drainage services
body has the same meaning as in the National Broadband
Network Companies Act 2011 .

superfast carriage service
means a carriage service, where:

(a) the carriage service enables end-users to download
communications; and

(b) the download transmission speed of the carriage service
is normally more than 25 megabits per second; and

(c) the carriage service is supplied using a line to premises
occupied or used by an end-user.

upgrade , in relation to a
telecommunications network, has a meaning affected by
section 160.

water supply body has the same
meaning as in the National Broadband Network Companies Act
2011 .

(a) the local access line is part of the infrastructure of a
telecommunications network in Australia; and

(b) the network is used, or proposed to be used, to supply a
superfast carriage service wholly or principally to residential or
small business customers, or prospective residential or small
business customers, in Australia; and

(c) the network is not the national broadband network;
and

(d) either:

(i) the network came into existence on or after
1 January 2011; or

(ii) the network was altered or upgraded on or after
1 January 2011 and, as a result of the alteration or upgrade,
the network became capable of being used to supply a superfast
carriage service to residential or small business customers, or
prospective residential or small business customers, in
Australia.

Note 1: See
also section 156 (deemed networks).

Note 2: For
exemptions, see sections 144 to 151.

Person in position to exercise control of
network

(2) A person who is in a position to exercise control of the
network, or a person who is an associate of such a person, must not
use the local access line, either alone or jointly with one or more
other persons, to supply an eligible service unless the service is
supplied to:

(a) a carrier; or

(b) a service provider.

Note 1: For
when a person is in a position to exercise control of a network,
see section 155.

(ii) the sole use of the carriage service is use by
Airservices Australia to carry communications necessary or
desirable for the workings of aviation services; or

(b) the eligible service is a service that facilitates the
supply of a carriage service covered by paragraph (a) of this
subsection.

(2) Paragraph (1)(a) does not apply to a carriage
service supplied to Airservices Australia unless the carriage
service is supplied on the basis that Airservices Australia must
not re-supply the carriage service.

(3) Subsection 143(2) does not apply if:

(a) the eligible service is a carriage service, and the sole
use of the carriage service is use by a State or Territory
transport authority to carry communications necessary or desirable
for the workings of the following services:

(i) train services of a kind provided by the authority;

(ii) bus or other road services of a kind provided by the
authority;

(iii) tram services of a kind provided by the authority;
or

(b) the eligible service is a service that facilitates the
supply of a carriage service covered by paragraph (a) of this
subsection.

(4) Paragraph (3)(a) does not apply to a carriage
service supplied to a State or Territory transport authority unless
the carriage service is supplied on the basis that the State or
Territory transport authority must not re-supply the carriage
service.

(5) Subsection 143(2) does not apply if:

(a) both:

(i) the eligible service is a carriage service; and

(ii) the sole use of the carriage service is use by a rail
corporation to carry communications necessary or desirable for the
workings of train services; or

(b) the eligible service is a service that facilitates the
supply of a carriage service covered by paragraph (a) of this
subsection.

(6) Paragraph (5)(a) does not apply to a carriage
service supplied to a rail corporation unless the carriage service
is supplied on the basis that the rail corporation must not
re-supply the carriage service.

(a) the eligible service is a carriage service, and the sole
use of the carriage service is use by an electricity supply body to
carry communications necessary or desirable for:

(i) managing the generation, transmission, distribution or
supply of electricity; or

(ii) charging for the supply of electricity; or

(b) the eligible service is a service that facilitates the
supply of a carriage service covered by paragraph (a) of this
section.

(2) Paragraph (1)(a) does not apply to a carriage
service supplied to an electricity supply body unless the carriage
service is supplied on the basis that the electricity supply body
must not re-supply the carriage service.

(a) the eligible service is a carriage service, and the sole
use of the carriage service is use by a gas supply body to carry
communications necessary or desirable for:

(i) managing the transmission or distribution of natural gas
in a pipeline; or

(ii) charging for the supply of natural gas transmitted or
distributed in a pipeline; or

(b) the eligible service is a service that facilitates the
supply of a carriage service covered by paragraph (a) of this
section.

(2) Paragraph (1)(a) does not apply to a carriage
service supplied to a gas supply body unless the carriage service
is supplied on the basis that the gas supply body must not
re-supply the carriage service.

(a) the eligible service is a carriage service, and the sole
use of the carriage service is use by a water supply body to carry
communications necessary or desirable for:

(i) managing the distribution of water in a pipeline; or

(ii) charging for the supply of water distributed in a
pipeline; or

(b) the eligible service is a service that facilitates the
supply of a carriage service covered by paragraph (a) of this
section.

(2) Paragraph (1)(a) does not apply to a carriage
service supplied to a water supply body unless the carriage service
is supplied on the basis that the water supply body must not
re-supply the carriage service.

(a) the eligible service is a carriage service, and the sole
use of the carriage service is use by a sewerage services body to
carry communications necessary or desirable for:

(i) managing the supply of sewerage services; or

(ii) charging for the supply of sewerage services; or

(b) the eligible service is a service that facilitates the
supply of a carriage service covered by paragraph (a) of this
section.

(2) Paragraph (1)(a) does not apply to a carriage
service supplied to a sewerage services body unless the carriage
service is supplied on the basis that the sewerage services body
must not re-supply the carriage service.

(a) the eligible service is a carriage service, and the sole
use of the carriage service is use by a storm water drainage
services body to carry communications necessary or desirable
for:

(i) managing the supply of storm water drainage services;
or

(ii) charging for the supply of storm water drainage
services; or

(b) the eligible service is a service that facilitates the
supply of a carriage service covered by paragraph (a) of this
section.

(2) Paragraph (1)(a) does not apply to a carriage
service supplied to a storm water drainage services body unless the
carriage service is supplied on the basis that the storm water
drainage services body must not re-supply the carriage
service.

(a) the eligible service is a carriage service, and the sole
use of the carriage service is use by a State or Territory road
authority to carry communications necessary or desirable for the
management or control of road traffic; or

(b) the eligible service is a service that facilitates the
supply of a carriage service covered by paragraph (a) of this
section.

(2) Paragraph (1)(a) does not apply to a carriage
service supplied to a State or Territory road authority unless the
carriage service is supplied on the basis that the State or
Territory road authority must not re-supply the carriage
service.

In this Part, control includes control as a result
of, or by means of, trusts, agreements, arrangements,
understandings and practices, whether or not having legal or
equitable force and whether or not based on legal or equitable
rights.

(1) For the purposes of this Part, a person (the
controller ) is in a position to exercise control of a
telecommunications network if:

(a) the controller legally or beneficially owns the network
(whether alone or together with one or more other persons); or

(b) the controller is in a position, either alone or together
with an associate of the controller and whether directly or
indirectly:

(i) to exercise control of the operation of all or part of
the network; or

(ii) to exercise control of the selection of the kinds of
services that are supplied using the network; or

(iii) to exercise control of the supply of services using the
network; or

(c) a company other than the controller legally or
beneficially owns the network (whether alone or together with one
or more other persons), and:

(i) the controller is in a position, either alone or together
with an associate of the controller, to exercise control of the
company; or

(ii) the controller, either alone or together with an
associate of the controller, is in a position to veto any action
taken by the board of directors of the company; or

(iii) the controller, either alone or together with an
associate of the controller, is in a position to appoint or secure
the appointment of, or veto the appointment of, at least half of
the board of directors of the company; or

(iv) the controller, either alone or together with an
associate of the controller, is in a position to exercise, in any
other manner, whether directly or indirectly, direction or
restraint over any substantial issue affecting the management or
affairs of the company; or

(v) the company or more than 50% of its directors act, or are
accustomed to act, in accordance with the directions, instructions
or wishes of, or in concert with, the controller, the controller
and an associate of the controller acting together, or the
directors of the controller; or

(vi) the company or more than 50% of its directors, under a
contract or an arrangement or understanding (whether formal or
informal), are intended or expected to act in accordance with the
directions, instructions or wishes of, or in concert with, the
controller, the controller and an associate of the controller
acting together, or the directors of the controller.

(2) An employee is not, except through an association with
another person, to be regarded as being in a position to exercise
control of a network under subsection (1) purely because of
being an employee.

(3) More than one person may be in a position to exercise
control of a network.

(a) a telecommunications network is altered or upgraded on or
after 1 January 2011; and

(b) as a result of the alteration or upgrade, a part of the
network became capable of being used to supply a superfast carriage
service to residential or small business customers, or prospective
residential or small business customers, in Australia;

then:

(c) that part is taken to be a network in its own right;
and

(d) the network referred to in paragraph (c) is taken to
have come into existence on or after 1 January 2011.

(2) For the purposes of this Part, if:

(a) a telecommunications network is extended on or after
1 January 2011; and

(b) the extended part of the network is capable of being used
to supply a superfast carriage service to residential or small
business customers, or prospective residential or small business
customers, in Australia;

then:

(c) the extended part is taken to be a network in its own
right; and

(d) the network referred to in paragraph (c) is taken to
have come into existence on or after 1 January 2011.

(3) If:

(a) a part of the infrastructure of a telecommunications
network is situated in a particular area that is being or was
developed as a particular stage of a real estate development
project (within the ordinary meaning of that expression); and

(b) the network is extended to another area that is being, or
is to be, developed as another stage of the project;

subsection (2) does not apply to the
extension.

(4) If:

(a) a telecommunications network was in existence immediately
before 1 January 2011; and

(b) the network is extended on or after 1 January 2011;
and

(c) no point on the infrastructure of the extension is
located more than:

(i) 1 kilometre; or

(ii) if a longer distance is specified in the
regulations—that longer distance;

from a point on the infrastructure of the network as the network
stood immediately before 1 January 2011;

subsection (2) does not apply to the
extension.

(5) The regulations may provide that subsection (2) does
not apply to a specified extension of a telecommunications
network.

Note: For
specification by class, see the Acts Interpretation Act
1901 .

(1) For the purposes of this Part, a local access
line is a line that is part of the infrastructure of a
local access network.

(2) However, a line does not form part of a local
access line to the extent that the line is on the customer
side of the boundary of a telecommunications network.

(3) For the purposes of this section, the boundary of a
telecommunications network is to be determined in the same
manner in which it is determined under section 22 for the
purposes of sections 20, 21 and 30.

(4) For the purposes of this section, local access
network has the meaning generally accepted within the
telecommunications industry.

(a) a telecommunications network is used, or is proposed to
be used, to supply one or more Layer 2 bitstream services wholly or
principally to residential or small business customers, or
prospective residential or small business customers, in Australia;
and

(b) the network is used, or is proposed to be used, to supply
a superfast carriage service wholly or principally to residential
or small business customers, or prospective residential or small
business customers, in Australia; and

(ii) the network was altered or upgraded on or after
1 January 2011 and, as a result of the alteration or upgrade,
the network became capable of being used to supply a superfast
carriage service to residential or small business customers, or
prospective residential or small business customers, in
Australia;

(a) a telecommunications network is altered or upgraded on or
after 1 January 2011; and

(b) as a result of the alteration or upgrade, a part of the
network became capable of being used to supply a superfast carriage
service to residential or small business customers, or prospective
residential or small business customers, in Australia;

then:

(c) that part is taken to be a network in its own right;
and

(d) the network referred to in paragraph (c) is taken to
have come into existence on or after 1 January 2011.

(4) For the purposes of this section, if:

(a) a telecommunications network is extended on or after
1 January 2011; and

(b) the extended part of the network is capable of being used
to supply a superfast carriage service to residential or small
business customers, or prospective residential or small business
customers, in Australia;

then:

(c) the extended part is taken to be a network in its own
right; and

(d) the network referred to in paragraph (c) is taken to
have come into existence on or after 1 January 2011.

(5) If:

(a) a part of the infrastructure of a telecommunications
network is situated in a particular area that is being or was
developed as a particular stage of a real estate development
project (within the ordinary meaning of that expression); and

(b) the network is extended to another area that is being, or
is to be, developed as another stage of the project;

subsection (4) does not apply to the
extension.

(6) If:

(a) a telecommunications network was in existence immediately
before 1 January 2011; and

(b) the network is extended on or after 1 January 2011;
and

(c) no point on the infrastructure of the extension is
located more than:

(i) 1 kilometre; or

(ii) if a longer distance is specified in the
regulations—that longer distance;

from a point on the infrastructure of the network as the network
stood immediately before 1 January 2011;

subsection (4) does not apply to the
extension.

(7) The regulations may provide that subsection (4) does
not apply to a specified extension of a telecommunications
network.

Note: For
specification by class, see the Acts Interpretation Act
1901 .

Certain installations and connections are
not taken to be an extension, alteration or upgrade

(8) For the purposes of this section, if:

(a) a line is or was installed for the purposes of connecting
particular premises to a telecommunications network; and

(b) the installation of the line enables or enabled the
occupier of the premises to become a customer in relation to
carriage services supplied using the network; and

(c) the premises are in close proximity to a line that forms
part of the infrastructure of the network; and

(d) the network is capable of being used to supply a
superfast carriage service; and

(e) the network came into existence before 1 January
2011;

neither the installation of the line
mentioned in paragraph (a), nor the connection of the
premises, is taken to be an extension, alteration or upgrade of the
network.

Small business customer

(9) For the purposes of this section, small business
customer means:

(a) a customer who is a small business employer (within the
meaning of the Fair Work Act 2009 ); or

(b) a customer who:

(i) carries on a business; and

(ii) does not have any employees.

For the purposes of paragraph (a), it
is to be assumed that each reference in section 23 of the
Fair Work Act 2009 to a national system employer were a
reference to an employer (within the ordinary meaning of that
expression).

Alteration

(10) For the purposes of this section, an
alteration of a telecommunications network does not
include an extension of the network.

Upgrade

(11) For the purposes of this section, an
upgrade of a telecommunications network does not
include an extension of the network.